Neutral Citation No. - 2025:AHC-LKO:16464 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2418 of 2025 Applicant :- Nebu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ramakar Shukla, the learned counsel for the applicant, Sri Anshuman Verma, the learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.69 of 2024, under Sections 363, 366, 376 I.P.C. and Section 5/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Gosaiganj, District Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.03.2024 alleging that the informant's sister aged about 16 years had been enticed away by the applicant. The victim herself appeared in the police station on 22.10.2024 and in her statement recorded under Section 161 Cr.P.C. she stated that she is aged about 20 years, she was in a relationship with the applicant for the past two years, she wanted to marry the applicant, whereupon her family members beaten her up and turned her out of their home and thereafter she went to Allahabad with the applicant and married him. She stated that she was pregnant out of the wedlock with the applicant and she wants to live with the applicant only. The victim appeared before the medical board for medical examination and she told her age to be 20 years. However, as per radiological findings her age is reported to be 17 years. The victim declined to undergo medico legal examination, both externally and internally. Before the Magistrate also the victim said that she has married the applicant. She is pregnant and she wants to live with the applicant. 4. In the affidavit filed in support of bail application it has been stated that the applicant is a 24 years old innocent person, he has been falsely implicated in the present case and he has no criminal history. 5. The learned A.G.A. has opposed the prayer for bail and on the basis of instructions provided to him he has submitted that the applicant is involved in another case bearing Case Crime No.456 of 2019, under Sections 323, 504, 506 I.P.C. Police Station Gosaiganj, District Sultanpur. However, the instructions are silent on the point as to whether any notice/summon regarding that case has been served upon the applicant. 6. Having considered the aforesaid facts and circumstances of the case and particularly the statements of the victim wherein she has claimed herself to be major and that when young persons are in love, it is difficult for them to ascertain as to whether the other partner has attained the age of majority; that the applicant has no previous criminal history and he is languishing in jail since 03.12.2024 and the charge sheet has been submitted on 04.12.2024 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Nebu be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 21.3.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench